The People are not required to prove that the defendant actually
intended to use force against someone when (he/she) acted.
No one needs to actually have been injured by the defendant’s act. But
if someone was injured, you may consider that fact, along with all the
other evidence, in deciding whether the defendant committed an
assault[, and if so, what kind of assault it was].
[Voluntary intoxication is not a defense to assault.]
Apublic transportation provider is a public or private operator of a (bus/
taxicab/streetcar/cable car/trackless trolley/school bus/ [or] other motor
vehicle) that transports people for (money/hire).
[A motor vehicle includes a vehicle that runs on stationary rails or on a
track or rail suspended in the air.]
[The property of the transportation provider includes the entire station
where public transportation is available and the parking lot reserved
for those who use the system.]
New January 2006
The court has a sua sponte duty to give an instruction deﬁning the elements of the
If there is sufficient evidence of self-defense or defense of another, the court has a
sua sponte duty to instruct on the defense. Give bracketed element 6 and any
appropriate defense instructions. (See CALCRIM Nos. 3470–3477.)
Do not give an attempt instruction in conjunction with this instruction. There is no
crime of “attempted assault” in California. (In re James M. (1973) 9 Cal.3d 517,
519 [108 Cal.Rptr. 89, 510 P.2d 33].)
• Elements. Pen. Code, §§ 240, 241.3.
• Willful Deﬁned. Pen. Code, § 7, subd. 1; People v. Lara (1996) 44
Cal.App.4th 102, 107 [51 Cal.Rptr.2d 402].
• Mental State for Assault. People v. Williams (2001) 26 Cal.4th 779, 790 [111
Cal.Rptr.2d 114, 29 P.3d 197].
• Least Touching. People v. Myers (1998) 61 Cal.App.4th 328, 335 [71
Cal.Rptr.2d 518] [citing People v. Rocha (1971) 3 Cal.3d 893, 899–900, fn. 12
[92 Cal.Rptr. 172, 479 P.2d 372]].
1 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against the
CALCRIM No. 907 ASSAULTIVE AND BATTERY CRIMES